STATE OF TENNESSEE v. SHANE EVANS VINCENT

The Appellant, Shane Evans Vincent, pled guilty in the Giles County Circuit Court to facilitation of aggravated child abuse, a Class B felony, and the trial court sentenced him to twelve years to be served as six months in jail followed by supervised probation. Subsequently, the trial court revoked his probation and ordered that he serve the remainder of his twelve-year sentence in confinement. The Appellant filed a motion for new trial “on the violation of his probation,” the trial court denied the motion, and the Appellant filed a notice of appeal in this court. The State argues that we should dismiss the appeal because the Appellant’s motion for new trial and notice of appeal were untimely. The Appellant concedes that a probation revocation proceeding is not a “trial”; therefore, his motion for new trial did not toll the time for filing a notice of appeal. We conclude that the appeal should be dismissed.